In order to further strengthen the management of the city's construction market, maintain the order of the construction market, and safeguard the legitimate rights and interests of all parties involved in the construction, the Interim Measures for the Administration of Jinhua Construction Market are hereby printed and distributed to you, please follow them.
Jinhua housing and urban construction bureau
June 30(th), 2022
Jinhua housing and urban construction bureau
Interim Measures of Jinhua Municipality on the Administration of Construction Market
In order to strengthen the management of the city's construction market, maintain the order of the construction market, and safeguard the legitimate rights and interests of all parties to the construction, these measures are formulated in accordance with the provisions of the "People's Republic of China (PRC) Construction Law" and other relevant laws, regulations and rules, and combined with the actual situation of this Municipality.
I. General principles
(1) These Measures shall be applicable to the construction market activities such as survey, design, construction, supervision, cost consultation, bidding agency, testing (appraisal), and energy-saving evaluation of construction projects within the administrative area of this Municipality.
(two) the municipal construction administrative department is responsible for the unified supervision and management of the city's construction market activities. County (city, district) construction administrative departments shall be responsible for the supervision and management of the construction market within their respective administrative areas in accordance with their functions and powers.
(three) the relevant industry associations shall establish and improve the industry self-discipline rules, cooperate with the construction administrative departments to regulate the construction market activities in this Municipality, assist in the credit evaluation work, and guide the overall healthy development of the industry.
(four) to engage in construction market activities should follow the principles of legality and compliance, unity and openness, honesty and trustworthiness, fairness and justice and orderly competition.
(five) support the transformation and development of enterprises related to the construction market, encourage enterprises to strengthen scientific and technological innovation, personnel training, development and application of digital management methods, and implement electronic file management.
Second, the access management regulations
(a) engaged in construction market activities, with qualification requirements, shall obtain the corresponding qualifications according to law, and undertake business within the scope of qualification; If there is no qualification requirement, it shall be equipped with full-time professionals who are matched with undertaking business, and full-time professionals shall obtain corresponding registration qualifications or post vocational qualifications.
The engineering investigation unit undertaking the business of this Municipality shall set up a geotechnical engineering laboratory matching the business within this Municipality; Testing (identification) institutions should be equipped with places, personnel and equipment. It is suitable for conducting business in this city, and has passed the metrological certification according to law, and conducts business within the scope of metrological certification.
(two) the construction unit can manage the project by itself, and can also hire professional institutions or professionals to manage the project according to the relevant regulations, and clarify the relevant responsibilities.
(III) Enterprises engaged in construction market activities in this Municipality shall enter the basic information of enterprises and related professionals into Jinhua Construction Market Supervision and Management Information System (hereinafter referred to as "Information System") in accordance with the Guide for Handling Information Forms of Construction Enterprises in Jinhua City, and ensure that the input information is timely, complete, true and accurate.
III. Contracting (Entrusting) and Contracting (Entrusting) Regulations
(1) Outsourcing (entrustment)
1. The construction unit shall contract out (entrust) the project according to law, and shall not contract out or designate subcontracting, and shall not arbitrarily reduce the reasonable construction period and expenses. If it is really necessary to compress the construction period for special reasons, it shall be demonstrated by experts; Construction projects that must be subject to tender according to law shall abide by the relevant provisions of national, provincial and municipal bidding management, and use the bidding demonstration text uniformly formulated by this Municipality.
2 state-owned investment, prefabricated buildings and other projects to encourage the use of general contracting and whole process engineering consulting. State-owned investment projects under general contracting shall, in principle, be tendered by bill of quantities after the preliminary design approval is completed, and the tender control price shall be set as the highest tender price. State-owned investment projects advocate "separation of bid evaluation" bidding. Encourage the construction unit to carry out the whole process engineering consulting service for the general contracting project.
3. The construction unit shall give priority to enterprises with good credit as the contracting (entrusting) unit, and state-owned investment projects shall not choose enterprises or employees listed in the "warning list" by the municipal construction administrative department.
(2) Contracting (entrustment)
Enterprises related to the construction market shall undertake business according to law, and the bidding quotation shall comply with the self-discipline regulations of our city. Shall not subcontract or illegally subcontract the business undertaken; The general contractor shall not contract out all the design and construction business of the project to other units after settlement; Construction subcontractors shall not subcontract services other than construction services; Design subcontractors shall not subcontract any more. Design and construction units engaged in project management shall not undertake design, general contracting or construction projects of the same construction project. Cost consulting and tendering agency units shall not accept the entrustment of the same tenderer and bidder for a construction project, nor shall they accept the entrustment of more than two bidders for the same construction project; The testing institution shall not undertake the business entrusted by the construction subject and the testing sample source unit with which it has affiliation or other interests.
Four. Signing and performance of the contract
(a) enterprises engaged in construction market activities to undertake business, should sign a written construction contract or entrustment contract, and encourage the implementation of online contract signing. For construction projects that must be subject to tender, the main terms of the contract shall be consistent with the contents of the tender documents and the bid documents of the winning bidder.
Within thirty days after the signing of the contract, the contracting (entrusting) unit shall enter the contract business and main management personnel into the "information system". If the information changes, the contracting-out (entrusting) unit shall enter the change information within fifteen days after the change. The business entered and completed according to the contract can be regarded as the effective performance of the enterprise's application for qualification upgrade, addition and credit evaluation.
(2) The employer can reduce the risk of contract performance by means of performance guarantee, advance payment guarantee and project payment guarantee. If the contract awarding unit requires the contractor to provide performance guarantee, it shall also provide the contractor with the guarantee for project payment.
(three) the use of state-owned investment projects to implement general contracting, it should be used to contract the total price. The general contractor (including the consortium) completes the design and construction of the main project by itself, and purchases and supplies the main materials of the main structure project by itself; The determination of subcontractors or suppliers of engineering materials and equipment shall conform to the provisions of the bidding documents or be approved by the contractor in advance.
(4) When the project commencement report is submitted for approval, the construction organization design provided by the construction unit must include the construction progress plan and the fund arrangement plan.
(5) After undertaking the business, the enterprise shall send professionals or project site management personnel suitable for undertaking the business according to the contract, issue employment documents, sign labor contracts, establish wage relations and pay social endowment insurance. The stationed personnel shall perform their duties in accordance with the contract and relevant regulations, and the relevant responsible persons shall also be present at the important work links of the project in accordance with the provisions of these Measures.
1. The project leader of the investigation unit shall go to the exploration construction site at least once and participate in the trench inspection, pile inspection, foundation acceptance and completion acceptance of the project; The technical person in charge of the project shall, according to the actual situation of the project, participate in the whole process of exploration and construction, and participate in the trench inspection, pile inspection and foundation acceptance of the project.
2. The project leader of the design unit should participate in the project construction drawing disclosure, foundation acceptance, completion acceptance and major design change countersigning; Principal of major disciplines such as structure, architecture, water and electricity, roads and traffic engineering. In construction and municipal engineering, we should participate in the construction drawing disclosure, foundation acceptance (structural specialty), main body acceptance (structural specialty) and completion acceptance according to the actual situation of the project.
3. The technical director of the construction unit, the quality director and the technical director of the supervision unit shall participate in the foundation, main body and completion acceptance; Project leader, technical leader and construction site leader shall participate in all division acceptance and completion acceptance.
(6) The main management personnel of the project management organization at the construction site shall remain relatively stable, and shall not be replaced or evacuated without authorization from the date of signing the contract to the date of completion of the engineering quantity agreed in the contract, except for the following circumstances:
1. Failing to adhere to the construction site management due to physical reasons (certification materials issued by secondary and above hospitals are required);
2. The construction unit thinks that it is not suitable to continue to serve as the construction site management due to reasons such as inadequate performance of duties or work mistakes;
3. My professional business has been completed;
4. The project is delayed or stopped for more than three months due to reasons other than the unit;
5. Unable to continue as the construction site management due to illegal acts;
6. Unable to practice in this unit due to personnel transfer.
The conditions of the personnel after the change shall not be lower than those before the change, such as qualification and performance. The person in charge of the state-owned engineering change project shall also meet the requirements of the tender documents, obtain the consent of the construction administrative department or its entrusted regulatory agency, and apply to the construction permit department for the change procedures. In principle, the proportion of personnel changes shall not exceed 50% of the total number of key management personnel agreed in the contract.
(7) The person in charge of the project, the person in charge of project technology, the person in charge of safety, the person in charge of quality, the person in charge of the design site, the director and the representative of the director are directly deemed as failing to fulfill their management obligations:
1. The time for taking up duty is less than 70% of the time agreed in the contract;
2. Absence from the site (supervision) regular meeting for more than one quarter within half a year;
3. Failing to sign or affix the practicing seal to the relevant documents of project management in accordance with laws, regulations and relevant regulations, or being signed by others;
4. Failing to participate in the construction or acceptance of key nodes of partial projects according to relevant regulations or specifications.
(8) The attendance system of face recognition real-name registration system shall be established on the construction site, and the attendance system of face recognition real-name registration system shall be connected to the assessment platform of Jinhua construction site real-name registration system according to regulations.
Verb (abbreviation of verb) engineering settlement
(a) the construction unit shall pay the project payment or entrustment fee in time according to the contract. Encourage state-owned investment projects to carry out construction process settlement. The construction unit shall timely and fully pay the settlement funds of the completed project construction process, and shall not be funded by the construction unit, and shall not delay the project settlement or default on the project payment on the grounds that the audit is not completed; The audit results shall not be compulsory as the basis for the completion and settlement of state-owned investment projects.
(two) the construction project contract shall stipulate the content and scope of the adjustment of the settlement price of labor and materials. If there is no agreement in the contract, the relevant provisions of the municipal government shall apply.
(III) For the project that has obtained the construction permit according to law, the construction unit shall submit the completed settlement book through the "Zhejiang Digital Engineering Construction Management System" (hereinafter referred to as the "Management System"), and the consulting unit shall complete the settlement audit according to the settlement data on the "Management System" and upload the settlement audit report in time. "Management system" settlement audit report is an effective basis for allocating project settlement funds.
(four) the application and approval of state-owned investment projects to change the valuation should be handled in the "management system" in a timely manner. If the application is not approved or not fed back within the time limit, it will be deemed that the application for change has been approved. The change pricing list automatically generated by the management system can be used as an effective basis for settlement preparation and audit.
The construction unit shall urge the supervision, construction and other units to fill in the relevant information, submit the application and complete the examination and approval in the "management system" as required.
Supervision and management of intransitive verb
(a) the construction administrative departments of counties (cities, districts) should strengthen the supervision of the construction market, standardize the professional qualifications and market behaviors of enterprises in the region, focus on checking illegal acts such as collusive bidding, illegal contracting, subcontracting, illegal subcontracting, and inadequate contract performance, strengthen supervision and inspection information disclosure, and establish a closed system for ledger and rectification.
(II) The municipal construction administrative department shall supervise and inspect the implementation of the laws, regulations and these Measures on the construction market activities by the construction administrative departments of counties (cities, districts).
(III) Construction administrative departments should improve the credit evaluation mechanism, improve the credit incentive and punishment mechanism for dishonesty, increase the application of credit information in administrative licensing, bidding, project guarantee, award and evaluation, supervision and inspection, and implement differentiated credit management.
1. Enterprises with a credit rating of A can reduce the frequency of double random supervision and spot checks, reduce the proportion of various types of deposits in the project or avoid paying deposits;
2. List enterprises with low credit rating as key supervision objects, strengthen inspection frequency, and list them as key review objects when implementing administrative licensing;
3. The credit evaluation information of survey, design, supervision, cost consultation, bidding agency, testing (appraisal) and other units shall be included in the online transaction of projects below the quota in Jinhua City as an important basis for giving priority to the construction unit.
Seven, illegal treatment
(a) in violation of the provisions of these measures, the "People's Republic of China (PRC) Construction Law", "Regulations on the Quality Management of Construction Projects", "Measures for the Administration of Identification and Investigation of Illegal Acts in Construction Projects" and other relevant laws, regulations and rules have administrative penalties, and those provisions shall prevail.
(two) the enterprise qualification or market access conditions are not up to standard, the county (city, district) construction administrative department shall order rectification within a time limit, and suspend undertaking new business during the rectification period; Overdue rectification, submitted to the relevant departments in accordance with the law.
(3) If the bidding quotation of enterprises related to the construction market violates the regulations of industry self-discipline, the construction administrative department or the entrusted regulatory agency shall conduct interviews and include them in the key regulatory targets.
(four) in any of the following circumstances, the construction unit shall not organize the project completion acceptance:
1. Failing to pay the project payment in full and on time as required;
2. The information in the "management system" is incomplete and the approval is not timely.
(five) enterprises have the following acts, depending on the seriousness of the case, included in the "Jinhua city construction market list of untrustworthy enterprises" for 3 months to 6 months:
1. Failing to input information according to the provisions of these Measures or the input information is inconsistent with the actual situation, and failing to make rectification within the time limit;
2 in violation of the provisions of these measures to undertake business;
3 in violation of the provisions of these measures, did not send relevant personnel to perform their duties;
4 in violation of the provisions of these measures, there are more than two projects in this city that have been changed without authorization or the main management personnel have changed by more than 50% within half a year;
5 in the process of reporting the credit evaluation of enterprises in the construction field of this Municipality;
6. The credit rating of the city's construction field is E or it has not participated in the credit evaluation of the city's construction field for two consecutive years;
7. Refusing to cooperate with the construction administrative department to inspect the construction market, complain or report cases, or provide false materials.
8. Within half a year, after two or more consecutive inspections by the construction administrative department, it is found that the number of main project managers in this city is less than 80% or 1 the person in charge of the project, the person in charge of project technology, the person in charge of safety and the person in charge of quality are not on duty;
9 within a year by the construction administrative department of informed criticism more than twice;
10. Tacit others to "impersonate" the project site management personnel of this unit;
1 1. It has no business and tax records within the administrative area of this Municipality for two consecutive years;
12. Other circumstances stipulated by relevant laws, regulations, rules and normative documents.
(six) employees have the following acts, depending on the seriousness of the case, included in the "warning list of Jinhua construction market" for 6 months to 12 months:
1. Violates the provisions of these Measures and fails to fulfill its management obligations;
2 in the process of reporting the credit evaluation of the project leader in the construction field of this Municipality;
3. Refusing to cooperate with the construction administrative department to inspect the construction market, complain or report cases, or provide false materials.
4. Failing to complete the changes or units of business work undertaken by me in this Municipality, and accumulating more than twice in one year;
5 other circumstances stipulated by relevant laws, regulations, rules and normative documents.
Eight. supplementary terms
(a) these Measures shall be interpreted by the Jinhua Municipal Bureau of Housing and Urban-Rural Development.
(2) These Measures shall come into force on August 1 day, 2022.
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